--- kind: "section" citation: "20 U.S.C. § 6311" title: "20" title_heading: "Education" number: "6311" heading: "State plans" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/20/6311" units: - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools" - "Subchapter I — Improving the Academic Achievement of the Disadvantaged" - "Part A — Improving Basic Programs Operated by Local Educational Agencies" - "Subpart 1 — basic program requirements" --- # §6311. State plans - (a) **Filing for grants—** - (1) **In general—** For any [State](/usc/20/7171.md?p=b-6) desiring to receive a grant under this part, the [State educational agency](/usc/20/7801.md?p=49) shall file with the [Secretary](/usc/20/7801.md?p=46) a plan that is— - (A) developed by the [State educational agency](/usc/20/7801.md?p=49) with timely and meaningful consultation with the Governor, members of the [State](/usc/20/7171.md?p=b-6) legislature and [State](/usc/20/7171.md?p=b-6) board of education (if the [State](/usc/20/7171.md?p=b-6) has a [State](/usc/20/7171.md?p=b-6) board of education), [local educational agencies](/usc/20/7801.md?p=30-A) (including those located in rural areas), representatives of [Indian](/usc/20/7491.md?p=3) tribes located in the [State](/usc/20/7171.md?p=b-6), teachers, principals, other [school leaders](/usc/20/7801.md?p=44), [charter school](/usc/20/7221i.md?p=2) leaders (if the [State](/usc/20/7171.md?p=b-6) has [charter schools](/usc/20/7221i.md?p=2)), [specialized instructional support personnel](/usc/20/7801.md?p=47-A), [paraprofessionals](/usc/20/7801.md?p=37), administrators, [other staff](/usc/20/7801.md?p=35), and [parents](/usc/20/7801.md?p=38); and - (B) is coordinated with other programs under this chapter, the Individuals with Disabilities Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.), the Rehabilitation Act of 1973 ([20 U.S.C. 701](/usc/20/701.md) et seq.),[^1] the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2301](/usc/20/2301.md) et seq.), the Workforce Innovation and Opportunity Act ([29 U.S.C. 3101](/usc/29/3101.md) et seq.), the Head Start Act ([42 U.S.C. 9831](/usc/42/9831.md) et seq.), the [Child](/usc/20/7801.md?p=3) Care and Development Block Grant Act of 1990 ([42 U.S.C. 9858](/usc/42/9858.md) et seq.),[^2] the Education Sciences Reform Act of 2002 ([20 U.S.C. 9501](/usc/20/9501.md) et seq.), the Education[^3] Technical Assistance Act of 2002 ([20 U.S.C. 9601](/usc/20/9601.md) et. seq.), the National Assessment of Educational Progress Authorization Act ([20 U.S.C. 9621](/usc/20/9621.md) et seq.), the McKinney-Vento Homeless Assistance Act ([42 U.S.C. 11301](/usc/42/11301.md) et seq.), and the [Adult](/usc/20/7491.md?p=1) Education and Family Literacy Act ([29 U.S.C. 3271](/usc/29/3271.md) et seq.). - (2) **Limitation—** Consultation required under [paragraph (1)(A)](#a-1-A) shall not interfere with the timely submission of the plan required under this section. - (3) **Consolidated plan—** A [State](/usc/20/7171.md?p=b-6) plan submitted under [paragraph (1)](#a-1) may be submitted as part of a consolidated plan under [section 7842 of this title](/usc/20/7842.md). - (4) **Peer review and Secretarial approval—** - (A) **In general—** The [Secretary](/usc/20/7801.md?p=46) shall— - (i) establish a peer-review process to assist in the review of [State](/usc/20/7171.md?p=b-6) plans; - (ii) establish multidisciplinary peer-review teams and appoint members of such teams— - (I) who are representative of— - (aa) [parents](/usc/20/7801.md?p=38), teachers, principals, other [school leaders](/usc/20/7801.md?p=44), [specialized instructional support personnel](/usc/20/7801.md?p=47-A), [State educational agencies](/usc/20/7801.md?p=49), [local educational agencies](/usc/20/7801.md?p=30-A), and the community (including the business community); and - (bb) researchers who are familiar with— - (AA) the implementation of academic standards, assessments, or accountability systems; and - (BB) how to meet the needs of disadvantaged students, children with disabilities, and [English learners](/usc/20/7801.md?p=20), the needs of low-performing schools, and other educational needs of students; - (II) that include, to the extent practicable, majority representation of individuals who, in the most recent 2 years, have had practical experience in the classroom, school administration, or [State](/usc/20/7171.md?p=b-6) or local government (such as direct employees of a school, [local educational agency](/usc/20/7801.md?p=30-A), or [State educational agency](/usc/20/7801.md?p=49)); and - (III) who represent a regionally diverse cross-section of [States](/usc/20/7171.md?p=b-6); - (iii) make available to the public, including by such means as posting to the [Department](/usc/20/7801.md?p=13)’s website, the list of peer reviewers who have reviewed [State](/usc/20/7171.md?p=b-6) plans under this section; - (iv) ensure that the peer-review teams consist of varied individuals so that the same peer reviewers are not reviewing all of the [State](/usc/20/7171.md?p=b-6) plans; - (v) approve a [State](/usc/20/7171.md?p=b-6) plan not later than 120 days after its submission, unless the [Secretary](/usc/20/7801.md?p=46) meets the requirements of [clause (vi)](#a-4-A-vi); - (vi) have the authority to disapprove a [State](/usc/20/7171.md?p=b-6) plan only if— - (I) the [Secretary](/usc/20/7801.md?p=46)— - (aa) determines how the [State](/usc/20/7171.md?p=b-6) plan fails to meet the requirements of this section; - (bb) immediately provides to the [State](/usc/20/7171.md?p=b-6), in writing, notice of such determination, and the supporting information and rationale to substantiate such determination; - (cc) offers the [State](/usc/20/7171.md?p=b-6) an opportunity to revise and resubmit its [State](/usc/20/7171.md?p=b-6) plan, and provides the [State](/usc/20/7171.md?p=b-6)— - (AA) technical assistance to assist the [State](/usc/20/7171.md?p=b-6) in meeting the requirements of this section; - (BB) in writing, all peer-review comments, suggestions, recommendations, or concerns relating to its [State](/usc/20/7171.md?p=b-6) plan; and - (CC) a hearing, unless the [State](/usc/20/7171.md?p=b-6) declines the opportunity for such hearing; and - (II) the [State](/usc/20/7171.md?p=b-6)— - (aa) does not revise and resubmit its [State](/usc/20/7171.md?p=b-6) plan; or - (bb) in a case in which a [State](/usc/20/7171.md?p=b-6) revises and resubmits its [State](/usc/20/7171.md?p=b-6) plan after a hearing is conducted under [subclause (I)(cc)(CC)](#a-4-A-vi-I-cc-CC), or after the [State](/usc/20/7171.md?p=b-6) has declined the opportunity for such a hearing, the [Secretary](/usc/20/7801.md?p=46) determines that such revised [State](/usc/20/7171.md?p=b-6) plan does not meet the requirements of this section. - (B) **Purpose of peer review—** The peer-review process shall be designed to— - (i) maximize collaboration with each [State](/usc/20/7171.md?p=b-6); - (ii) promote effective implementation of the challenging [State](/usc/20/7171.md?p=b-6) academic standards through [State](/usc/20/7171.md?p=b-6) and local innovation; and - (iii) provide transparent, timely, and objective feedback to [States](/usc/20/7171.md?p=b-6) designed to strengthen the technical and overall quality of the [State](/usc/20/7171.md?p=b-6) plans. - (C) **Standard and nature of review—** Peer reviewers shall conduct an objective review of [State](/usc/20/7171.md?p=b-6) plans in their totality and out of respect for [State](/usc/20/7171.md?p=b-6) and local judgments, with the goal of supporting [State](/usc/20/7171.md?p=b-6)- and local-led innovation and providing objective feedback on the technical and overall quality of a [State](/usc/20/7171.md?p=b-6) plan. - (D) **Prohibition—** Neither the [Secretary](/usc/20/7801.md?p=46) nor the political appointees of the [Department](/usc/20/7801.md?p=13), may attempt to participate in, or influence, the peer-review process. - (5) **Public review—** All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public on the [Department](/usc/20/7801.md?p=13)’s website, including— - (A) plans submitted or resubmitted by a [State](/usc/20/7171.md?p=b-6); - (B) peer-review guidance, notes, and comments and the names of the peer reviewers (once the peer reviewers have completed their work); - (C) [State](/usc/20/7171.md?p=b-6) plan determinations by the [Secretary](/usc/20/7801.md?p=46), including approvals or disapprovals; and - (D) notices and transcripts of hearings under this section. - (6) **Duration of the plan—** - (A) **In general—** Each [State](/usc/20/7171.md?p=b-6) plan shall— - (i) remain in effect for the duration of the [State](/usc/20/7171.md?p=b-6)’s participation under this part; and - (ii) be periodically reviewed and revised as necessary by the [State educational agency](/usc/20/7801.md?p=49) to reflect changes in the [State](/usc/20/7171.md?p=b-6)’s strategies and programs under this part. - (B) **Additional information—** - (i) **In general—** If a [State](/usc/20/7171.md?p=b-6) makes significant changes to its plan at any time, such as the adoption of new challenging [State](/usc/20/7171.md?p=b-6) academic standards or new academic assessments under [subsection (b)](#b), or changes to its accountability system under [subsection (c)](#c), such information shall be submitted to the [Secretary](/usc/20/7801.md?p=46) in the form of revisions or amendments to the [State](/usc/20/7171.md?p=b-6) plan. - (ii) **Review of revised plans—** The [Secretary](/usc/20/7801.md?p=46) shall review the information submitted under [clause (i)](#a-6-B-i) and approve changes to the [State](/usc/20/7171.md?p=b-6) plan, or disapprove such changes in accordance with [paragraph (4)(A)(vi)](#a-4-A-vi), within 90 days, without undertaking the peer-review process under such paragraph. - (iii) **Special rule for standards—** If a [State](/usc/20/7171.md?p=b-6) makes changes to its challenging [State](/usc/20/7171.md?p=b-6) academic standards, the requirements of [subsection (b)(1)](#b-1), including the requirement that such standards need not be submitted to the [Secretary](/usc/20/7801.md?p=46) pursuant to [subsection (b)(1)(A)](#b-1-A), shall still apply. - (7) **Failure to meet requirements—** If a [State](/usc/20/7171.md?p=b-6) fails to meet any of the requirements of this section, the [Secretary](/usc/20/7801.md?p=46) may withhold funds for [State](/usc/20/7171.md?p=b-6) administration under this part until the [Secretary](/usc/20/7801.md?p=46) determines that the [State](/usc/20/7171.md?p=b-6) has fulfilled those requirements. - (8) **Public comment—** Each [State](/usc/20/7171.md?p=b-6) shall make the [State](/usc/20/7171.md?p=b-6) plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily accessible format, prior to submission to the [Secretary](/usc/20/7801.md?p=46) for approval under this subsection. The [State](/usc/20/7171.md?p=b-6), in the plan it files under this subsection, shall provide an assurance that public comments were taken into account in the development of the [State](/usc/20/7171.md?p=b-6) plan. - (b) **Challenging academic standards and academic assessments—** - (1) **Challenging State academic standards—** - (A) **In general—** Each [State](/usc/20/7171.md?p=b-6), in the plan it files under [subsection (a)](#a), shall provide an assurance that the [State](/usc/20/7171.md?p=b-6) has adopted challenging academic content standards and aligned academic achievement standards (referred to in this chapter as “challenging [State](/usc/20/7171.md?p=b-6) academic standards”), which achievement standards shall include not less than 3 levels of achievement, that will be used by the [State](/usc/20/7171.md?p=b-6), its [local educational agencies](/usc/20/7801.md?p=30-A), and its schools to carry out this part. A [State](/usc/20/7171.md?p=b-6) shall not be required to submit such challenging [State](/usc/20/7171.md?p=b-6) academic standards to the [Secretary](/usc/20/7801.md?p=46). - (B) **Same standards—** Except as provided in [subparagraph (E)](#b-1-E), the standards required by [subparagraph (A)](#b-1-A) shall— - (i) apply to all public schools and public school students in the [State](/usc/20/7171.md?p=b-6); and - (ii) with respect to academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the [State](/usc/20/7171.md?p=b-6). - (C) **Subjects—** The [State](/usc/20/7171.md?p=b-6) shall have such academic standards for mathematics, reading or language arts, and science, and may have such standards for any other subject determined by the [State](/usc/20/7171.md?p=b-6). - (D) **Alignment—** - (i) **In general—** Each [State](/usc/20/7171.md?p=b-6) shall demonstrate that the challenging [State](/usc/20/7171.md?p=b-6) academic standards are aligned with entrance requirements for credit-bearing coursework in the system of public higher education in the [State](/usc/20/7171.md?p=b-6) and relevant [State](/usc/20/7171.md?p=b-6) career and technical education standards. - (ii) **Rule of construction—** Nothing in this chapter shall be construed to authorize public institutions of higher education to determine the specific challenging [State](/usc/20/7171.md?p=b-6) academic standards required under this paragraph. - (E) **Alternate academic achievement standards for students with the most significant cognitive disabilities—** - (i) **In general—** The [State](/usc/20/7171.md?p=b-6) may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, provided those standards— - (I) are aligned with the challenging [State](/usc/20/7171.md?p=b-6) academic content standards under [subparagraph (A)](#b-1-A); - (II) promote access to the general education curriculum, consistent with the Individuals with Disabilities Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.); - (III) reflect professional judgment as to the highest possible standards achievable by such students; - (IV) are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act ([20 U.S.C. 1414(d)(3)](/usc/20/1414.md?p=d-3)) for each such student as the academic achievement standards that will be used for the student; and - (V) are aligned to ensure that a student who meets the alternate academic achievement standards is on track to pursue postsecondary education or employment, consistent with the purposes of Public Law 93–112 [[29 U.S.C. 701](/usc/29/701.md) et seq.], as in effect on July 22, 2014. - (ii) **Prohibition on any other alternate or modified academic achievement standards—** A [State](/usc/20/7171.md?p=b-6) shall not develop, or implement for use under this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the requirements of [clause (i)](#b-1-E-i). - (F) **English language proficiency standards—** Each [State](/usc/20/7171.md?p=b-6) plan shall demonstrate that the [State](/usc/20/7171.md?p=b-6) has adopted English language proficiency standards that— - (i) are derived from the 4 recognized domains of speaking, listening, reading, and writing; - (ii) address the different proficiency levels of [English learners](/usc/20/7801.md?p=20); and - (iii) are aligned with the challenging [State](/usc/20/7171.md?p=b-6) academic standards. - (G) **Prohibitions—** - (i) **Standards review or approval—** A [State](/usc/20/7171.md?p=b-6) shall not be required to submit any standards developed under this subsection to the [Secretary](/usc/20/7801.md?p=46) for review or approval. - (ii) **Federal control—** The [Secretary](/usc/20/7801.md?p=46) shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging [State](/usc/20/7171.md?p=b-6) academic standards adopted or implemented by a [State](/usc/20/7171.md?p=b-6). - (H) **Existing standards—** Nothing in this part shall prohibit a [State](/usc/20/7171.md?p=b-6) from revising, consistent with this section, any standards adopted under this part before or after December 10, 2015. - (2) **Academic assessments—** - (A) **In general—** Each [State](/usc/20/7171.md?p=b-6) plan shall demonstrate that the [State educational agency](/usc/20/7801.md?p=49), in consultation with [local educational agencies](/usc/20/7801.md?p=30-A), has implemented a set of high-quality student academic assessments in mathematics, reading or language arts, and science. The [State](/usc/20/7171.md?p=b-6) retains the right to implement such assessments in any other subject chosen by the [State](/usc/20/7171.md?p=b-6). - (B) **Requirements—** The assessments under [subparagraph (A)](#b-2-A) shall— - (i) except as provided in [subparagraph (D)](#b-2-D), be— - (I) the same academic assessments used to measure the achievement of all public [elementary school](/usc/20/7801.md?p=19) and [secondary school](/usc/20/7801.md?p=45) students in the [State](/usc/20/7171.md?p=b-6); and - (II) administered to all public [elementary school](/usc/20/7801.md?p=19) and [secondary school](/usc/20/7801.md?p=45) students in the [State](/usc/20/7171.md?p=b-6); - (ii) be aligned with the challenging [State](/usc/20/7171.md?p=b-6) academic standards, and provide coherent and timely information about student attainment of such standards and whether the student is performing at the student’s grade level; - (iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information; - (iv) be of adequate technical quality for each purpose required under this chapter and consistent with the requirements of this section, the evidence of which shall be made public, including on the website of the [State educational agency](/usc/20/7801.md?p=49); - (v) - (I) in the case of mathematics and reading or language arts, be administered— - (aa) in each of grades 3 through 8; and - (bb) at least once in grades 9 through 12; - (II) in the case of science, be administered not less than one time during— - (aa) grades 3 through 5; - (bb) grades 6 through 9; and - (cc) grades 10 through 12; and - (III) in the case of any other subject chosen by the [State](/usc/20/7171.md?p=b-6), be administered at the discretion of the [State](/usc/20/7171.md?p=b-6); - (vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks; - (vii) provide for— - (I) the participation in such assessments of all students; - (II) the appropriate accommodations, such as interoperability with, and ability to use, assistive [technology](/usc/20/7801.md?p=50), for children with disabilities (as defined in [section 602(3)](/usc/20/602.md) of the Individuals with Disabilities Education Act ([20 U.S.C. 1401(3)](/usc/20/1401.md?p=3))), including students with the most significant cognitive disabilities, and students with a disability who are provided accommodations under an Act other than the Individuals with Disabilities Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.), necessary to measure the academic achievement of such children relative to the challenging [State](/usc/20/7171.md?p=b-6) academic standards or alternate academic achievement standards described in [paragraph (1)(E)](#b-1-E); and - (III) the inclusion of [English learners](/usc/20/7801.md?p=20), who shall be assessed in a valid and reliable manner and provided appropriate accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under [subparagraph (G)](#b-2-G); - (viii) at the [State](/usc/20/7171.md?p=b-6)’s discretion— - (I) be administered through a single summative assessment; or - (II) be administered through multiple statewide interim assessments during the course of the academic year that result in a single summative score that provides valid, reliable, and transparent information on student achievement or growth; - (ix) notwithstanding [clause (vii)(III)](#b-2-B-vii-III), provide for assessments (using tests in English) of reading or language arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the [local educational agency](/usc/20/7801.md?p=30-A) determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the [local educational agency](/usc/20/7801.md?p=30-A) may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; - (x) produce individual student interpretive, descriptive, and diagnostic reports, consistent with [clause (iii)](#b-2-B-iii), regarding achievement on such assessments that allow [parents](/usc/20/7801.md?p=38), teachers, principals, and other [school leaders](/usc/20/7801.md?p=44) to understand and address the specific academic needs of students, and that are provided to [parents](/usc/20/7801.md?p=38), teachers, and [school leaders](/usc/20/7801.md?p=44), as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that [parents](/usc/20/7801.md?p=38) can understand; - (xi) enable results to be disaggregated within each [State](/usc/20/7171.md?p=b-6), [local educational agency](/usc/20/7801.md?p=30-A), and school by— - (I) each major racial and ethnic group; - (II) economically disadvantaged students as compared to students who are not economically disadvantaged; - (III) children with disabilities as compared to children without disabilities; - (IV) English proficiency status; - (V) gender; and - (VI) migrant status, except that such disaggregation shall not be required in the case of a [State](/usc/20/7171.md?p=b-6), [local educational agency](/usc/20/7801.md?p=30-A), or a school in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; - (xii) enable itemized score analyses to be produced and reported, consistent with [clause (iii)](#b-2-B-iii), to [local educational agencies](/usc/20/7801.md?p=30-A) and schools, so that [parents](/usc/20/7801.md?p=38), teachers, principals, other [school leaders](/usc/20/7801.md?p=44), and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items; and - (xiii) be developed, to the extent practicable, using the principles of [universal design for learning](/usc/20/7801.md?p=51). - (C) **Exception for advanced mathematics in middle school—** A [State](/usc/20/7171.md?p=b-6) may exempt any 8th grade student from the assessment in mathematics described in [subparagraph (B)(v)(I)(aa)](#b-2-B-v-I-aa) if— - (i) such student takes the end-of-course assessment the [State](/usc/20/7171.md?p=b-6) typically administers to meet the requirements of [subparagraph (B)(v)(I)(bb)](#b-2-B-v-I-bb) in mathematics; - (ii) such student’s achievement on such end-of-course assessment is used for purposes of [subsection (c)(4)(B)(i)](#c-4-B-i), in lieu of such student’s achievement on the mathematics assessment required under [subparagraph (B)(v)(I)(aa)](#b-2-B-v-I-aa), and such student is counted as participating in the assessment for purposes of subsection (c)(4)(B)(vi);[^4] and - (iii) in [high school](/usc/20/7801.md?p=28), such student takes a mathematics assessment pursuant to [subparagraph (B)(v)(I)(bb)](#b-2-B-v-I-bb) that— - (I) is any end-of-course assessment or other assessment that is more advanced than the assessment taken by such student under clause (i) of this subparagraph; and - (II) shall be used to measure such student’s academic achievement for purposes of [subsection (c)(4)(B)(i)](#c-4-B-i). - (D) **Alternate assessments for students with the most significant cognitive disabilities—** - (i) **Alternate assessments aligned with alternate academic achievement standards—** A [State](/usc/20/7171.md?p=b-6) may provide for alternate assessments aligned with the challenging [State](/usc/20/7171.md?p=b-6) academic standards and alternate academic achievement standards described in [paragraph (1)(E)](#b-1-E) for students with the most significant cognitive disabilities, if the [State](/usc/20/7171.md?p=b-6)— - (I) consistent with [clause (ii)](#b-2-D-ii), ensures that, for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the [State](/usc/20/7171.md?p=b-6) who are assessed in such subject; - (II) ensures that the [parents](/usc/20/7801.md?p=38) of such students are clearly informed, as part of the process for developing the individualized education program (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act ([20 U.S.C. 1414(d)(1)(A)](/usc/20/1414.md?p=d-1-A)))— - (aa) that their [child](/usc/20/7801.md?p=3)’s academic achievement will be measured based on such alternate standards; and - (bb) how participation in such assessments may delay or otherwise affect the student from completing the requirements for a [regular high school diploma](/usc/20/7801.md?p=43); - (III) promotes, consistent with the Individuals with Disabilities Education Act ([20 U.S.C. 1400](/usc/20/1400.md) et seq.), the involvement and progress of students with the most significant cognitive disabilities in the general education curriculum; - (IV) describes in the [State](/usc/20/7171.md?p=b-6) plan the steps the [State](/usc/20/7171.md?p=b-6) has taken to incorporate [universal design for learning](/usc/20/7801.md?p=51), to the extent feasible, in alternate assessments; - (V) describes in the [State](/usc/20/7171.md?p=b-6) plan that general and special education teachers, and other appropriate staff— - (aa) know how to administer the alternate assessments; and - (bb) make appropriate use of accommodations for students with disabilities on all assessments required under this paragraph; - (VI) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities— - (aa) participating in academic instruction and assessments for the grade level in which the student is enrolled; and - (bb) who are tested based on challenging [State](/usc/20/7171.md?p=b-6) academic standards for the grade level in which the student is enrolled; and - (VII) does not preclude a student with the most significant cognitive disabilities who takes an alternate assessment based on alternate academic achievement standards from attempting to complete the requirements for a [regular high school diploma](/usc/20/7801.md?p=43). - (ii) **Special rules—** - (I) **Responsibility under IDEA—** Subject to the authority and requirements for the individualized education program team for a [child with a disability](/usc/20/7801.md?p=4) under section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act ([20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb)](/usc/20/1414.md?p=d-1-A-i-VI-bb)), such team, consistent with the guidelines established by the [State](/usc/20/7171.md?p=b-6) and required under section 612(a)(16)(C) of such Act ([20 U.S.C. 1412(c)(16)(C)](/usc/20/1412.md))[^5] and clause (i)(II) of this subparagraph, shall determine when a [child](/usc/20/7801.md?p=3) with a significant cognitive disability shall participate in an alternate assessment aligned with the alternate academic achievement standards. - (II) **Prohibition on local cap—** Nothing in this subparagraph shall be construed to permit the [Secretary](/usc/20/7801.md?p=46) or a [State educational agency](/usc/20/7801.md?p=49) to impose on any [local educational agency](/usc/20/7801.md?p=30-A) a cap on the percentage of students administered an alternate assessment under this subparagraph, except that a [local educational agency](/usc/20/7801.md?p=30-A) exceeding the cap applied to the [State](/usc/20/7171.md?p=b-6) under [clause (i)(I)](#b-2-D-i-I) shall submit information to the [State educational agency](/usc/20/7801.md?p=49) justifying the need to exceed such cap. - (III) **State support—** A [State](/usc/20/7171.md?p=b-6) shall provide appropriate oversight, as determined by the [State](/usc/20/7171.md?p=b-6), of any [local educational agency](/usc/20/7801.md?p=30-A) that is required to submit information to the [State](/usc/20/7171.md?p=b-6) under [subclause (II)](#b-2-D-ii-II). - (IV) **Waiver authority—** This subparagraph shall be subject to the waiver authority under [section 7861 of this title](/usc/20/7861.md). - (E) **State authority—** If a [State educational agency](/usc/20/7801.md?p=49) provides evidence, which is satisfactory to the [Secretary](/usc/20/7801.md?p=46), that neither the [State educational agency](/usc/20/7801.md?p=49) nor any other [State](/usc/20/7171.md?p=b-6) government official, agency, or entity has sufficient authority, under [State](/usc/20/7171.md?p=b-6) law, to adopt challenging [State](/usc/20/7171.md?p=b-6) academic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the [State](/usc/20/7171.md?p=b-6)’s public [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45), then the [State educational agency](/usc/20/7801.md?p=49) may meet the requirements of this subsection by— - (i) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or - (ii) adopting and implementing policies that ensure that each [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) that receives grants under this part will adopt academic content and student academic achievement standards, and academic assessments aligned with such standards, which— - (I) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the [Secretary](/usc/20/7801.md?p=46) may publish; and - (II) are applicable to all students served by each such [local educational agency](/usc/20/7801.md?p=30-A). - (F) **Language assessments—** - (i) **In general—** Each [State](/usc/20/7171.md?p=b-6) plan shall identify the languages other than English that are present to a significant extent in the participating student population of the [State](/usc/20/7171.md?p=b-6) and indicate the languages for which annual student academic assessments are not available and are needed. - (ii) **Secretarial assistance—** The [State](/usc/20/7171.md?p=b-6) shall make every effort to develop such assessments and may request assistance from the [Secretary](/usc/20/7801.md?p=46) if linguistically accessible academic assessment measures are needed. Upon request, the [Secretary](/usc/20/7801.md?p=46) shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction. - (G) **Assessments of English language proficiency—** - (i) **In general—** Each [State](/usc/20/7171.md?p=b-6) plan shall demonstrate that [local educational agencies](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) will provide for an annual assessment of English proficiency of all [English learners](/usc/20/7801.md?p=20) in the schools served by the [State educational agency](/usc/20/7801.md?p=49). - (ii) **Alignment—** The assessments described in [clause (i)](#b-2-G-i) shall be aligned with the [State](/usc/20/7171.md?p=b-6)’s English language proficiency standards described in [paragraph (1)(F)](#b-1-F). - (H) **Locally-selected assessment—** - (i) **In general—** Nothing in this paragraph shall be construed to prohibit a [local educational agency](/usc/20/7801.md?p=30-A) from administering a locally-selected assessment in lieu of the [State](/usc/20/7171.md?p=b-6)-designed academic assessment under subclause (I)(bb) and [subclause (II)(cc)](#b-2-B-v-II-cc) of subparagraph (B)(v), if the [local educational agency](/usc/20/7801.md?p=30-A) selects a nationally-recognized [high school](/usc/20/7801.md?p=28) academic assessment that has been approved for use by the [State](/usc/20/7171.md?p=b-6) as described in clause (iii) or (iv) of this subparagraph. - (ii) **State technical criteria—** To allow for [State](/usc/20/7171.md?p=b-6) approval of nationally-recognized [high school](/usc/20/7801.md?p=28) academic assessments that are available for local selection under [clause (i)](#b-2-H-i), a [State educational agency](/usc/20/7801.md?p=49) shall establish technical criteria to determine if any such assessment meets the requirements of [clause (v)](#b-2-H-v). - (iii) **State approval—** If a [State educational agency](/usc/20/7801.md?p=49) chooses to make a nationally-recognized [high school](/usc/20/7801.md?p=28) assessment available for selection by a [local educational agency](/usc/20/7801.md?p=30-A) under [clause (i)](#b-2-H-i), which has not already been approved under this clause, such [State educational agency](/usc/20/7801.md?p=49) shall— - (I) conduct a review of the assessment to determine if such assessment meets or exceeds the technical criteria established by the [State educational agency](/usc/20/7801.md?p=49) under [clause (ii)](#b-2-H-ii); - (II) submit evidence in accordance with [subsection (a)(4)](#a-4) that demonstrates such assessment meets the requirements of [clause (v)](#b-2-H-v); and - (III) after fulfilling the requirements of subclauses [(I)](#b-2-H-iii-I) and [(II)](#b-2-H-iii-II), approve such assessment for selection and use by any [local educational agency](/usc/20/7801.md?p=30-A) that requests to use such assessment under [clause (i)](#b-2-H-i). - (iv) **Local educational agency option—** - (I) **Local educational agency—** If a [local educational agency](/usc/20/7801.md?p=30-A) chooses to submit a nationally-recognized [high school](/usc/20/7801.md?p=28) academic assessment to the [State educational agency](/usc/20/7801.md?p=49), subject to the approval process described in [subclause (I)](#b-2-H-iv-I) and [subclause (II)](#b-2-H-iii-II) of clause (iii) to determine if such assessment fulfills the requirements of [clause (v)](#b-2-H-v), the [State educational agency](/usc/20/7801.md?p=49) may approve the use of such assessment consistent with [clause (i)](#b-2-H-i). - (II) **State educational agency—** Upon such approval, the [State educational agency](/usc/20/7801.md?p=49) shall approve the use of such assessment in any other [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) that subsequently requests to use such assessment without repeating the process described in subclauses [(I)](#b-2-H-iii-I) and [(II)](#b-2-H-iii-II) of clause (iii). - (v) **Requirements—** To receive approval from the [State educational agency](/usc/20/7801.md?p=49) under [clause (iii)](#b-2-H-iii), a locally-selected assessment shall— - (I) be aligned to the [State](/usc/20/7171.md?p=b-6)’s academic content standards under [paragraph (1)](#b-1), address the depth and breadth of such standards, and be equivalent in its content coverage, difficulty, and quality to the [State](/usc/20/7171.md?p=b-6)-designed assessments under this paragraph (and may be more rigorous in its content coverage and difficulty than such [State](/usc/20/7171.md?p=b-6)-designed assessments); - (II) provide comparable, valid, and reliable data on academic achievement, as compared to the [State](/usc/20/7171.md?p=b-6)-designed assessments, for all students and for each subgroup of students defined in [subsection (c)(2)](#c-2), with results expressed in terms consistent with the [State](/usc/20/7171.md?p=b-6)’s academic achievement standards under [paragraph (1)](#b-1), among all [local educational agencies](/usc/20/7801.md?p=30-A) within the [State](/usc/20/7171.md?p=b-6); - (III) meet the requirements for the assessments under subparagraph (B) of this paragraph, including technical criteria, except the requirement under [clause (i)](#b-2-H-i) of such subparagraph; and - (IV) provide unbiased, rational, and consistent differentiation between schools within the [State](/usc/20/7171.md?p=b-6) to meet the requirements of [subsection (c)](#c). - (vi) **Parental notification—** A [local educational agency](/usc/20/7801.md?p=30-A) shall notify the [parents](/usc/20/7801.md?p=38) of [high school](/usc/20/7801.md?p=28) students served by the [local educational agency](/usc/20/7801.md?p=30-A)— - (I) of its request to the [State educational agency](/usc/20/7801.md?p=49) for approval to administer a locally-selected assessment; and - (II) upon approval, and at the beginning of each subsequent school year during which the locally selected assessment will be administered, that the [local educational agency](/usc/20/7801.md?p=30-A) will be administering a different assessment than the [State](/usc/20/7171.md?p=b-6)-designed assessments under subclause (I)(bb) and [subclause (II)(cc)](#b-2-B-v-II-cc) of subparagraph (B)(v). - (I) **Deferral—** A [State](/usc/20/7171.md?p=b-6) may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000. - (J) **Adaptive assessments—** - (i) **In general—** Subject to [clause (ii)](#b-2-J-ii), a [State](/usc/20/7171.md?p=b-6) retains the right to develop and administer computer adaptive assessments as the assessments described in this paragraph, provided the computer adaptive assessments meet the requirements of this paragraph, except that— - (I) [subparagraph (B)(i)](#b-2-B-i) shall not be interpreted to require that all students taking the computer adaptive assessment be administered the same assessment items; and - (II) such assessment— - (aa) shall measure, at a minimum, each student’s academic proficiency based on the challenging [State](/usc/20/7171.md?p=b-6) academic standards for the student’s grade level and growth toward such standards; and - (bb) may measure the student’s level of academic proficiency and growth using items above or below the student’s grade level, including for use as part of a [State](/usc/20/7171.md?p=b-6)’s accountability system under [subsection (c)](#c). - (ii) **Students with the most significant cognitive disabilities and English learners—** In developing and administering computer adaptive assessments— - (I) as the assessments allowed under [subparagraph (D)](#b-2-D), a [State](/usc/20/7171.md?p=b-6) shall ensure that such computer adaptive assessments— - (aa) meet the requirements of this paragraph, including [subparagraph (D)](#b-2-D), except such assessments shall not be required to meet the requirements of [clause (i)(II)](#b-2-J-i-II); and - (bb) assess the student’s academic achievement to measure, in the subject being assessed, whether the student is performing at the student’s grade level; and - (II) as the assessments required under [subparagraph (G)](#b-2-G), a [State](/usc/20/7171.md?p=b-6) shall ensure that such computer adaptive assessments— - (aa) meet the requirements of this paragraph, including [subparagraph (G)](#b-2-G), except such assessment shall not be required to meet the requirements of [clause (i)(II)](#b-2-J-i-II); and - (bb) assess the student’s language proficiency, which may include growth towards such proficiency, in order to measure the student’s acquisition of English. - (K) **Rule of construction on parent rights—** Nothing in this paragraph shall be construed as preempting a [State](/usc/20/7171.md?p=b-6) or local law regarding the decision of a [parent](/usc/20/7801.md?p=38) to not have the [parent](/usc/20/7801.md?p=38)’s [child](/usc/20/7801.md?p=3) participate in the academic assessments under this paragraph. - (L) **Limitation on assessment time—** Subject to Federal or [State](/usc/20/7171.md?p=b-6) requirements related to assessments, evaluations, and accommodations, each [State](/usc/20/7171.md?p=b-6) may, at the sole discretion of such [State](/usc/20/7171.md?p=b-6), set a target limit on the aggregate amount of time devoted to the administration of assessments for each grade, expressed as a percentage of annual instructional hours. - (3) **Exception for recently arrived English learners—** - (A) **Assessments—** With respect to recently arrived [English learners](/usc/20/7801.md?p=20) who have been enrolled in a school in one of the 50 [States](/usc/20/7171.md?p=b-6) in the United States or the District of Columbia for less than 12 months, a [State](/usc/20/7171.md?p=b-6) may choose to— - (i) exclude— - (I) such an [English learner](/usc/20/7801.md?p=20) from one administration of the reading or language arts assessment required under [paragraph (2)](#b-2); and - (II) such an [English learner](/usc/20/7801.md?p=20)’s results on any of the assessments required under paragraph [(2)(B)(v)(I)](#b-2-B-v-I) or [(2)(G)](#b-2-G) for the first year of the [English learner](/usc/20/7801.md?p=20)’s enrollment in such a school for the purposes of the [State](/usc/20/7171.md?p=b-6)-determined accountability system under [subsection (c)](#c); or - (ii) - (I) assess, and report the performance of, such an [English learner](/usc/20/7801.md?p=20) on the reading or language arts and mathematics assessments required under [paragraph (2)(B)(v)(I)](#b-2-B-v-I) in each year of the student’s enrollment in such a school; and - (II) for the purposes of the [State](/usc/20/7171.md?p=b-6)-determined accountability system— - (aa) for the first year of the student’s enrollment in such a school, exclude the results on the assessments described in [subclause (I)](#b-3-A-ii-I); - (bb) include a measure of student growth on the assessments described in [subclause (I)](#b-3-A-ii-I) in the second year of the student’s enrollment in such a school; and - (cc) include proficiency on the assessments described in [subclause (I)](#b-3-A-ii-I) in the third year of the student’s enrollment in such a school, and each succeeding year of such enrollment. - (B) **English learner subgroup—** With respect to a student previously identified as an [English learner](/usc/20/7801.md?p=20) and for not more than 4 years after the student ceases to be identified as an [English learner](/usc/20/7801.md?p=20), a [State](/usc/20/7171.md?p=b-6) may include the results of the student’s assessments under [paragraph (2)(B)(v)(I)](#b-2-B-v-I) within the [English learner](/usc/20/7801.md?p=20) subgroup of the subgroups of students (as defined in [subsection (c)(2)(D)](#c-2-D)) for the purposes of the [State](/usc/20/7171.md?p=b-6)-determined accountability system. - (c) **Statewide accountability system—** - (1) **In general—** Each [State](/usc/20/7171.md?p=b-6) plan shall describe a statewide accountability system that complies with the requirements of this subsection and [subsection (d)](#d). - (2) **Subgroup of students—** In this subsection and [subsection (d)](#d), the term “subgroup of students” means— - (A) economically disadvantaged students; - (B) students from major racial and ethnic groups; - (C) children with disabilities; and - (D) [English learners](/usc/20/7801.md?p=20). - (3) **Minimum number of students—** Each [State](/usc/20/7171.md?p=b-6) shall describe— - (A) with respect to any provisions under this part that require disaggregation of information by each subgroup of students— - (i) the minimum number of students that the [State](/usc/20/7171.md?p=b-6) determines are necessary to be included to carry out such requirements and how that number is statistically sound, which shall be the same [State](/usc/20/7171.md?p=b-6)-determined number for all students and for each subgroup of students in the [State](/usc/20/7171.md?p=b-6); - (ii) how such minimum number of students was determined by the [State](/usc/20/7171.md?p=b-6), including how the [State](/usc/20/7171.md?p=b-6) collaborated with teachers, principals, other [school leaders](/usc/20/7801.md?p=44), [parents](/usc/20/7801.md?p=38), and other stakeholders when determining such minimum number; and - (iii) how the [State](/usc/20/7171.md?p=b-6) ensures that such minimum number is sufficient to not reveal any personally identifiable information. - (4) **Description of system—** The statewide accountability system described in [paragraph (1)](#c-1) shall be based on the challenging [State](/usc/20/7171.md?p=b-6) academic standards for reading or language arts and mathematics described in [subsection (b)(1)](#b-1) to improve student academic achievement and school success. In designing such system to meet the requirements of this part, the [State](/usc/20/7171.md?p=b-6) shall carry out the following: - (A) **Establishment of long-term goals—** Establish ambitious [State](/usc/20/7171.md?p=b-6)-designed long-term goals, which shall include measurements of interim progress toward meeting such goals— - (i) for all students and separately for each subgroup of students in the [State](/usc/20/7171.md?p=b-6)— - (I) for, at a minimum, improved— - (aa) academic achievement, as measured by proficiency on the annual assessments required under [subsection (b)(2)(B)(v)(I)](#b-2-B-v-I); and - (bb) [high school](/usc/20/7801.md?p=28) graduation rates, including— - (AA) the [four-year adjusted cohort graduation rate](/usc/20/7801.md?p=25-A); and - (BB) at the [State](/usc/20/7171.md?p=b-6)’s discretion, the [extended-year adjusted cohort graduation rate](/usc/20/7801.md?p=23-A), except that the [State](/usc/20/7171.md?p=b-6) shall set a more rigorous long-term goal for such graduation rate, as compared to the long-term goal set for the [four-year adjusted cohort graduation rate](/usc/20/7801.md?p=25-A); - (II) for which the term set by the [State](/usc/20/7171.md?p=b-6) for such goals is the same multi-year length of time for all students and for each subgroup of students in the [State](/usc/20/7171.md?p=b-6); and - (III) that, for subgroups of students who are behind on the measures described in items [(aa)](#c-4-A-i-I-aa) and [(bb)](#c-4-A-i-I-bb) of subclause (I), take into account the improvement necessary on such measures to make significant progress in closing statewide proficiency and graduation rate gaps; and - (ii) for [English learners](/usc/20/7801.md?p=20), for increases in the percentage of such students making progress in achieving English language proficiency, as defined by the [State](/usc/20/7171.md?p=b-6) and measured by the assessments described in [subsection (b)(2)(G)](#b-2-G), within a [State](/usc/20/7171.md?p=b-6)-determined timeline. - (B) **Indicators—** Except for the indicator described in [clause (iv)](#c-4-B-iv), annually measure, for all students and separately for each subgroup of students, the following indicators: - (i) For all public schools in the [State](/usc/20/7171.md?p=b-6), based on the long-term goals established under [subparagraph (A)](#c-4-A), academic achievement— - (I) as measured by proficiency on the annual assessments required under [subsection (b)(2)(B)(v)(I)](#b-2-B-v-I); and - (II) at the [State](/usc/20/7171.md?p=b-6)’s discretion, for each public [high school](/usc/20/7801.md?p=28) in the [State](/usc/20/7171.md?p=b-6), student growth, as measured by such annual assessments. - (ii) For public [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45) that are not [high schools](/usc/20/7801.md?p=28) in the [State](/usc/20/7171.md?p=b-6)— - (I) a measure of student growth, if determined appropriate by the [State](/usc/20/7171.md?p=b-6); or - (II) another valid and reliable statewide academic indicator that allows for meaningful differentiation in school performance. - (iii) For public [high schools](/usc/20/7801.md?p=28) in the [State](/usc/20/7171.md?p=b-6), and based on [State](/usc/20/7171.md?p=b-6)-designed long term goals established under [subparagraph (A)](#c-4-A)— - (I) the [four-year adjusted cohort graduation rate](/usc/20/7801.md?p=25-A); and - (II) at the [State](/usc/20/7171.md?p=b-6)’s discretion, the [extended-year adjusted cohort graduation rate](/usc/20/7801.md?p=23-A). - (iv) For public schools in the [State](/usc/20/7171.md?p=b-6), progress in achieving English language proficiency, as defined by the [State](/usc/20/7171.md?p=b-6) and measured by the assessments described in [subsection (b)(2)(G)](#b-2-G), within a [State](/usc/20/7171.md?p=b-6)-determined timeline for all [English learners](/usc/20/7801.md?p=20)— - (I) in each of the grades 3 through 8; and - (II) in the grade for which such [English learners](/usc/20/7801.md?p=20) are otherwise assessed under [subsection (b)(2)(B)(v)(I)](#b-2-B-v-I) during the grade 9 through grade 12 period, with such progress being measured against the results of the assessments described in [subsection (b)(2)(G)](#b-2-G) taken in the previous grade. - (v) - (I) For all public schools in the [State](/usc/20/7171.md?p=b-6), not less than one indicator of school quality or student success that— - (aa) allows for meaningful differentiation in school performance; - (bb) is valid, reliable, comparable, and statewide (with the same indicator or indicators used for each grade span, as such term is determined by the [State](/usc/20/7171.md?p=b-6)); and - (cc) may include one or more of the measures described in [subclause (II)](#c-4-B-v-II). - (II) For purposes of [subclause (I)](#c-4-B-v-I), the [State](/usc/20/7171.md?p=b-6) may include measures of— - (III) [^6] student engagement; - (IV) [^6] educator engagement; - (V) [^6] student access to and completion of advanced coursework; - (VI) [^6] postsecondary readiness; - (VII) [^6] school climate and safety; and - (VIII) [^6] any other indicator the [State](/usc/20/7171.md?p=b-6) chooses that meets the requirements of this clause. - (C) **Annual meaningful differentiation—** Establish a system of meaningfully differentiating, on an annual basis, all public schools in the [State](/usc/20/7171.md?p=b-6), which shall— - (i) be based on all indicators in the [State](/usc/20/7171.md?p=b-6)’s accountability system under [subparagraph (B)](#c-4-B), for all students and for each of[^7] subgroup of students, consistent with the requirements of such subparagraph; - (ii) with respect to the indicators described in clauses [(i)](#c-4-B-i) through [(iv)](#c-4-B-iv) of subparagraph (B) afford— - (I) substantial weight to each such indicator; and - (II) in the aggregate, much greater weight than is afforded to the indicator or indicators utilized by the [State](/usc/20/7171.md?p=b-6) and described in [subparagraph (B)(v)](#c-4-B-v), in the aggregate; and - (iii) include differentiation of any such school in which any subgroup of students is consistently underperforming, as determined by the [State](/usc/20/7171.md?p=b-6), based on all indicators under [subparagraph (B)](#c-4-B) and the system established under this subparagraph. - (D) **Identification of schools—** Based on the system of meaningful differentiation described in [subparagraph (C)](#c-4-C), establish a [State](/usc/20/7171.md?p=b-6)-determined methodology to identify— - (i) beginning with school year 2017–2018, and at least once every three school years thereafter, one statewide category of schools for comprehensive support and improvement, as described in [subsection (d)(1)](#d-1), which shall include— - (I) not less than the lowest-performing 5 percent of all schools receiving funds under this part in the [State](/usc/20/7171.md?p=b-6); - (II) all public [high schools](/usc/20/7801.md?p=28) in the [State](/usc/20/7171.md?p=b-6) failing to graduate one third or more of their students; and - (III) public schools in the [State](/usc/20/7171.md?p=b-6) described under [subsection (d)(3)(A)(i)(II)](#d-3-A-i-II); and - (ii) at the discretion of the [State](/usc/20/7171.md?p=b-6), additional statewide categories of schools. - (E) **Annual measurement of achievement—** - (i) Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I). - (ii) For the purpose of measuring, calculating, and reporting on the indicator described in [subparagraph (B)(i)](#c-4-B-i), include in the denominator the greater of— - (I) 95 percent of all such students, or 95 percent of all such students in the subgroup, as the case may be; or - (II) the number of students participating in the assessments. - (iii) Provide a clear and understandable explanation of how the [State](/usc/20/7171.md?p=b-6) will factor the requirement of clause (i) of this subparagraph into the statewide accountability system. - (F) **Partial attendance—** - (i) In the case of a student who has not attended the same school within a [local educational agency](/usc/20/7801.md?p=30-A) for at least half of a school year, the performance of such student on the indicators described in clauses [(i)](#c-4-B-i), [(ii)](#c-4-B-ii), [(iv)](#c-4-B-iv), and [(v)](#c-4-B-v) of subparagraph (B)— - (I) may not be used in the system of meaningful differentiation of all public schools as described in [subparagraph (C)](#c-4-C) for such school year; and - (II) shall be used for the purpose of reporting on the [State](/usc/20/7171.md?p=b-6) and [local educational agency](/usc/20/7801.md?p=30-A) report cards under [subsection (h)](#h) for such school year. - (ii) In the case of a [high school](/usc/20/7801.md?p=28) student who has not attended the same school within a [local educational agency](/usc/20/7801.md?p=30-A) for at least half of a school year and has exited [high school](/usc/20/7801.md?p=28) without a [regular high school diploma](/usc/20/7801.md?p=43) and without transferring to another [high school](/usc/20/7801.md?p=28) that grants a [regular high school diploma](/usc/20/7801.md?p=43) during such school year, the [local educational agency](/usc/20/7801.md?p=30-A) shall, in order to calculate the graduation rate pursuant to [subparagraph (B)(iii)](#c-4-B-iii), assign such student to the [high school](/usc/20/7801.md?p=28)— - (I) at which such student was enrolled for the greatest proportion of school days while enrolled in grades 9 through 12; or - (II) in which the student was most recently enrolled. - (5) **Accountability for charter schools—** The accountability provisions under this chapter shall be overseen for [charter schools](/usc/20/7221i.md?p=2) in accordance with [State](/usc/20/7171.md?p=b-6) [charter school](/usc/20/7221i.md?p=2) law. - (d) **School support and improvement activities—** - (1) **Comprehensive support and improvement—** - (A) **In general—** Each [State educational agency](/usc/20/7801.md?p=49) receiving funds under this part shall notify each [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) of any school served by the [local educational agency](/usc/20/7801.md?p=30-A) that is identified for comprehensive support and improvement under [subsection (c)(4)(D)(i)](#c-4-D-i). - (B) **Local educational agency action—** Upon receiving such information from the [State](/usc/20/7171.md?p=b-6), the [local educational agency](/usc/20/7801.md?p=30-A) shall, for each school identified by the [State](/usc/20/7171.md?p=b-6) and in partnership with stakeholders (including principals and other [school leaders](/usc/20/7801.md?p=44), teachers, and [parents](/usc/20/7801.md?p=38)), locally develop and implement a comprehensive support and improvement plan for the school to improve student outcomes, that— - (i) is informed by all indicators described in [subsection (c)(4)(B)](#c-4-B), including student performance against [State](/usc/20/7171.md?p=b-6)-determined long-term goals; - (ii) includes [evidence-based](/usc/20/7801.md?p=21-A) interventions; - (iii) is based on a school-level needs assessment; - (iv) identifies resource inequities, which may include a review of [local educational agency](/usc/20/7801.md?p=30-A) and school-level budgeting, to be addressed through implementation of such comprehensive support and improvement plan; - (v) is approved by the school, [local educational agency](/usc/20/7801.md?p=30-A), and [State educational agency](/usc/20/7801.md?p=49); and - (vi) upon approval and implementation, is monitored and periodically reviewed by the [State educational agency](/usc/20/7801.md?p=49). - (C) **State educational agency discretion—** With respect to any [high school](/usc/20/7801.md?p=28) in the [State](/usc/20/7171.md?p=b-6) identified under [subsection (c)(4)(D)(i)(II)](#c-4-D-i-II), the [State educational agency](/usc/20/7801.md?p=49) may— - (i) permit differentiated improvement activities that utilize [evidence-based](/usc/20/7801.md?p=21-A) interventions in the case of such a school that predominantly serves students— - (I) returning to education after having exited [secondary school](/usc/20/7801.md?p=45) without a [regular high school diploma](/usc/20/7801.md?p=43); or - (II) who, based on their grade or age, are significantly off track to accumulate sufficient academic credits to meet [high school](/usc/20/7801.md?p=28) graduation requirements, as established by the [State](/usc/20/7171.md?p=b-6); and - (ii) in the case of such a school that has a total enrollment of less than 100 students, permit the [local educational agency](/usc/20/7801.md?p=30-A) to forego implementation of improvement activities required under this paragraph. - (D) **Public school choice—** - (i) **In general—** A [local educational agency](/usc/20/7801.md?p=30-A) may provide all students enrolled in a school identified by the [State](/usc/20/7171.md?p=b-6) for comprehensive support and improvement under [subsection (c)(4)(D)(i)](#c-4-D-i) with the option to transfer to another public school served by the [local educational agency](/usc/20/7801.md?p=30-A), unless such an option is prohibited by [State](/usc/20/7171.md?p=b-6) law. - (ii) **Priority—** In providing students the option to transfer to another public school, the [local educational agency](/usc/20/7801.md?p=30-A) shall give priority to the lowest-achieving children from [low-income families](/usc/20/6641.md?p=b-3-B), as determined by the [local educational agency](/usc/20/7801.md?p=30-A) for the purposes of allocating funds to schools under [section 6313(a)(3) of this title](/usc/20/6313.md?p=a-3). - (iii) **Treatment—** A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the student transfers in the same manner as all other students at the public school. - (iv) **Special rule—** A [local educational agency](/usc/20/7801.md?p=30-A) shall permit a student who transfers to another public school under this paragraph to remain in that school until the student has completed the highest grade in that school. - (v) **Funding for transportation—** A [local educational agency](/usc/20/7801.md?p=30-A) may spend an amount equal to not more than 5 percent of its allocation under subpart 2 of this part to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer. - (2) **Targeted support and improvement—** - (A) **In general—** Each [State educational agency](/usc/20/7801.md?p=49) receiving funds under this part shall, using the meaningful differentiation of schools described in [subsection (c)(4)(C)](#c-4-C)— - (i) notify each [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) of any school served by the [local educational agency](/usc/20/7801.md?p=30-A) in which any subgroup of students is consistently underperforming, as described in [subsection (c)(4)(C)(iii)](#c-4-C-iii); and - (ii) ensure such [local educational agency](/usc/20/7801.md?p=30-A) provides notification to such school with respect to which subgroup or subgroups of students in such school are consistently underperforming as described in [subsection (c)(4)(C)(iii)](#c-4-C-iii). - (B) **Targeted support and improvement plan—** Each school receiving a notification described in this paragraph, in partnership with stakeholders (including principals and other [school leaders](/usc/20/7801.md?p=44), teachers and [parents](/usc/20/7801.md?p=38)), shall develop and implement a school-level targeted support and improvement plan to improve student outcomes based on the indicators in the statewide accountability system established under [subsection (c)(4)](#c-4), for each subgroup of students that was the subject of notification that— - (i) is informed by all indicators described in [subsection (c)(4)(B)](#c-4-B), including student performance against long-term goals; - (ii) includes [evidence-based](/usc/20/7801.md?p=21-A) interventions; - (iii) is approved by the [local educational agency](/usc/20/7801.md?p=30-A) prior to implementation of such plan; - (iv) is monitored, upon submission and implementation, by the [local educational agency](/usc/20/7801.md?p=30-A); and - (v) results in additional action following unsuccessful implementation of such plan after a number of years determined by the [local educational agency](/usc/20/7801.md?p=30-A). - (C) **Additional targeted support—** A plan described in [subparagraph (B)](#d-2-B) that is developed and implemented in any school receiving a notification under this paragraph from the [local educational agency](/usc/20/7801.md?p=30-A) in which any subgroup of students, on its own, would lead to identification under [subsection (c)(4)(D)(i)(I)](#c-4-D-i-I) using the [State](/usc/20/7171.md?p=b-6)’s methodology under [subsection (c)(4)(D)](#c-4-D) shall also identify resource inequities (which may include a review of [local educational agency](/usc/20/7801.md?p=30-A) and school level budgeting), to be addressed through implementation of such plan. - (D) **Special rule—** The [State educational agency](/usc/20/7801.md?p=49), based on the [State](/usc/20/7171.md?p=b-6)’s differentiation of schools under [subsection (c)(4)(C)](#c-4-C) for school year 2017–2018, shall notify [local educational agencies](/usc/20/7801.md?p=30-A) of any schools served by the [local educational agency](/usc/20/7801.md?p=30-A) in which any subgroup of students, on its own, would lead to identification under [subsection (c)(4)(D)(i)(I)](#c-4-D-i-I) using the [State](/usc/20/7171.md?p=b-6)’s methodology under [subsection (c)(4)(D)](#c-4-D), after which notification of such schools under this paragraph shall result from differentiation of schools pursuant to [subsection (c)(4)(C)(iii)](#c-4-C-iii). - (3) **Continued support for school and local educational agency improvement—** To ensure continued progress to improve student academic achievement and school success in the [State](/usc/20/7171.md?p=b-6), the [State educational agency](/usc/20/7801.md?p=49)— - (A) shall— - (i) establish statewide exit criteria for— - (I) schools identified by the [State](/usc/20/7171.md?p=b-6) for comprehensive support and improvement under [subsection (c)(4)(D)(i)](#c-4-D-i), which, if not satisfied within a [State](/usc/20/7171.md?p=b-6)-determined number of years (not to exceed four years), shall result in more rigorous [State](/usc/20/7171.md?p=b-6)-determined action, such as the implementation of interventions (which may include addressing school-level operations); and - (II) schools described in [paragraph (2)(C)](#d-2-C), which, if not satisfied within a [State](/usc/20/7171.md?p=b-6)-determined number of years, shall, in the case of such schools receiving assistance under this part, result in identification of the school by the [State](/usc/20/7171.md?p=b-6) for comprehensive support and improvement under [subsection (c)(4)(D)(i)(III)](#c-4-D-i-III); - (ii) periodically review resource allocation to support school improvement in each [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) serving— - (I) a significant number of schools identified for comprehensive support and improvement under [subsection (c)(4)(D)(i)](#c-4-D-i); and - (II) a significant number of schools implementing targeted support and improvement plans under [paragraph (2)](#d-2); and - (iii) provide technical assistance to each [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) serving a significant number of— - (I) schools implementing comprehensive support and improvement plans under [paragraph (1)](#d-1); or - (II) schools implementing targeted support and improvement plans under [paragraph (2)](#d-2); and - (B) may— - (i) take action to initiate additional improvement in any [local educational agency](/usc/20/7801.md?p=30-A) with— - (I) a significant number of schools that are consistently identified by the [State](/usc/20/7171.md?p=b-6) for comprehensive support and improvement under [subsection (c)(4)(D)(i)](#c-4-D-i) and not meeting exit criteria established by the [State](/usc/20/7171.md?p=b-6) under [subparagraph (A)(i)(I)](#d-3-A-i-I); or - (II) a significant number of schools implementing targeted support and improvement plans under [paragraph (2)](#d-2); and - (ii) consistent with [State](/usc/20/7171.md?p=b-6) law, establish alternative [evidence-based](/usc/20/7801.md?p=21-A) [State](/usc/20/7171.md?p=b-6) determined strategies that can be used by [local educational agencies](/usc/20/7801.md?p=30-A) to assist a school identified for comprehensive support and improvement under [subsection (c)(4)(D)(i)](#c-4-D-i). - (4) **Rule of construction for collective bargaining—** Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or [local educational agency](/usc/20/7801.md?p=30-A) employees under Federal, [State](/usc/20/7171.md?p=b-6), or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees. - (e) **Prohibition—** - (1) **In general—** Nothing in this chapter shall be construed to authorize or permit the [Secretary](/usc/20/7801.md?p=46)— - (A) when promulgating any rule or regulation, to promulgate any rule or regulation on the development or implementation of the statewide accountability system established under this section that would— - (i) add new requirements that are inconsistent with or outside the scope of this part; - (ii) add new criteria that are inconsistent with or outside the scope of this part; or - (iii) be in excess of statutory authority granted to the [Secretary](/usc/20/7801.md?p=46); - (B) as a condition of approval of the [State](/usc/20/7171.md?p=b-6) plan, or revisions or amendments to, the [State](/usc/20/7171.md?p=b-6) plan, or approval of a waiver request submitted under [section 7861 of this title](/usc/20/7861.md), to— - (i) require a [State](/usc/20/7171.md?p=b-6) to add any requirements that are inconsistent with or outside the scope of this part; - (ii) require a [State](/usc/20/7171.md?p=b-6) to add or delete one or more specific elements of the challenging [State](/usc/20/7171.md?p=b-6) academic standards; or - (iii) prescribe— - (I) numeric long-term goals or measurements of interim progress that [States](/usc/20/7171.md?p=b-6) establish for all students, for any subgroups of students, and for [English learners](/usc/20/7801.md?p=20) with respect to English language proficiency, under this part, including— - (aa) the length of terms set by [States](/usc/20/7171.md?p=b-6) in designing such goals; or - (bb) the progress expected from any subgroups of students in meeting such goals; - (II) specific academic assessments or assessment items that [States](/usc/20/7171.md?p=b-6) or [local educational agencies](/usc/20/7801.md?p=30-A) use to meet the requirements of [subsection (b)(2)](#b-2) or otherwise use to measure student academic achievement or student growth under this part; - (III) indicators that [States](/usc/20/7171.md?p=b-6) use within the [State](/usc/20/7171.md?p=b-6) accountability system under this section, including any requirement to measure student growth, or, if a [State](/usc/20/7171.md?p=b-6) chooses to measure student growth, the specific metrics used to measure such growth under this part; - (IV) the weight of any measure or indicator used to identify or meaningfully differentiate schools, under this part; - (V) the specific methodology used by [States](/usc/20/7171.md?p=b-6) to meaningfully differentiate or identify schools under this part; - (VI) any specific school support and improvement strategies or activities that [State](/usc/20/7171.md?p=b-6) or [local educational agencies](/usc/20/7801.md?p=30-A) establish and implement to intervene in, support, and improve schools and improve student outcomes under this part; - (VII) exit criteria established by [States](/usc/20/7171.md?p=b-6) under [subsection (d)(3)(A)(i)](#d-3-A-i); - (VIII) provided that the [State](/usc/20/7171.md?p=b-6) meets the requirements in [subsection (c)(3)](#c-3), a minimum number of students established by a [State](/usc/20/7171.md?p=b-6) under such subsection; - (IX) any aspect or parameter of a teacher, principal, or other [school leader](/usc/20/7801.md?p=44) evaluation system within a [State](/usc/20/7171.md?p=b-6) or [local educational agency](/usc/20/7801.md?p=30-A); - (X) indicators or specific measures of teacher, principal, or other [school leader](/usc/20/7801.md?p=44) effectiveness or quality; or - (XI) the way in which the [State](/usc/20/7171.md?p=b-6) factors the requirement under [subsection (c)(4)(E)(i)](#c-4-E-i) into the statewide accountability system under this section; or - (C) to issue new non-regulatory guidance that— - (i) in seeking to provide explanation of requirements under this section for [State](/usc/20/7171.md?p=b-6) or [local educational agencies](/usc/20/7801.md?p=30-A), either in response to requests for information or in anticipation of such requests, provides a strictly limited or exhaustive list to illustrate successful implementation of provisions under this section; or - (ii) purports to be legally binding; or - (D) to require data collection under this part beyond data derived from existing Federal, [State](/usc/20/7171.md?p=b-6), and local reporting requirements. - (2) **Defining terms—** In carrying out this part, the [Secretary](/usc/20/7801.md?p=46) shall not, through regulation or as a condition of approval of the [State](/usc/20/7171.md?p=b-6) plan or revisions or amendments to the [State](/usc/20/7171.md?p=b-6) plan, promulgate a definition of any term used in this part, or otherwise prescribe any specification for any such term, that is inconsistent with or outside the scope of this part or is in violation of [paragraph (1)](#e-1). - (f) **Existing State law—** Nothing in this section shall be construed to alter any [State](/usc/20/7171.md?p=b-6) law or regulation granting [parents](/usc/20/7801.md?p=38) authority over schools that repeatedly failed to make adequate yearly progress under this part, as in effect on the day before December 10, 2015. - (g) **Other plan provisions—** - (1) **Descriptions—** Each [State](/usc/20/7171.md?p=b-6) plan shall describe— - (A) how the [State](/usc/20/7171.md?p=b-6) will provide assistance to [local educational agencies](/usc/20/7801.md?p=30-A) and individual [elementary schools](/usc/20/7801.md?p=19) choosing to use funds under this part to support [early childhood education programs](/usc/20/7801.md?p=16); - (B) how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers, and the measures the [State educational agency](/usc/20/7801.md?p=49) will use to evaluate and publicly report the progress of the [State educational agency](/usc/20/7801.md?p=49) with respect to such description (except that nothing in this subparagraph shall be construed as requiring a [State](/usc/20/7171.md?p=b-6) to develop or implement a teacher, principal, or other [school leader](/usc/20/7801.md?p=44) evaluation system); - (C) how the [State educational agency](/usc/20/7801.md?p=49) will support [local educational agencies](/usc/20/7801.md?p=30-A) receiving assistance under this part to improve school conditions for student learning, including through reducing— - (i) incidences of bullying and harassment; - (ii) the overuse of discipline practices that remove students from the classroom; and - (iii) the use of aversive behavioral interventions that compromise student health and safety; - (D) how the [State](/usc/20/7171.md?p=b-6) will support [local educational agencies](/usc/20/7801.md?p=30-A) receiving assistance under this part in meeting the needs of students at all levels of schooling (particularly students in the middle grades and [high school](/usc/20/7801.md?p=28)), including how the [State](/usc/20/7171.md?p=b-6) will work with such [local educational agencies](/usc/20/7801.md?p=30-A) to provide effective transitions of students to middle grades and [high school](/usc/20/7801.md?p=28) to decrease the risk of students dropping out; - (E) the steps a [State educational agency](/usc/20/7801.md?p=49) will take to ensure collaboration with the [State](/usc/20/7171.md?p=b-6) agency responsible for administering the [State](/usc/20/7171.md?p=b-6) plans under parts B and E of title IV of the Social Security Act ([42 U.S.C. 621](/usc/42/621.md) et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that— - (i) any such [child](/usc/20/7801.md?p=3) enrolls or remains in such [child](/usc/20/7801.md?p=3)’s school of origin, unless a determination is made that it is not in such [child](/usc/20/7801.md?p=3)’s best interest to attend the school of origin, which decision shall be based on all factors relating to the [child](/usc/20/7801.md?p=3)’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the [child](/usc/20/7801.md?p=3) is enrolled at the time of placement; - (ii) when a determination is made that it is not in such [child](/usc/20/7801.md?p=3)’s best interest to remain in the school of origin, the [child](/usc/20/7801.md?p=3) is immediately enrolled in a new school, even if the [child](/usc/20/7801.md?p=3) is unable to produce records normally required for enrollment; - (iii) the enrolling school shall immediately contact the school last attended by any such [child](/usc/20/7801.md?p=3) to obtain relevant academic and other records; and - (iv) the [State educational agency](/usc/20/7801.md?p=49) will designate an employee to serve as a point of contact for [child](/usc/20/7801.md?p=3) welfare agencies and to oversee implementation of the [State](/usc/20/7171.md?p=b-6) agency responsibilities required under this subparagraph, and such point of contact shall not be the [State](/usc/20/7171.md?p=b-6)’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act ([42 U.S.C. 11432(d)(3)](/usc/42/11432.md?p=d-3)); - (F) how the [State educational agency](/usc/20/7801.md?p=49) will provide support to [local educational agencies](/usc/20/7801.md?p=30-A) in the identification, enrollment, attendance, and school stability of homeless children and youths; and - (G) such other factors the [State educational agency](/usc/20/7801.md?p=49) determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging [State](/usc/20/7171.md?p=b-6) academic standards. - (2) **Assurances—** Each [State](/usc/20/7171.md?p=b-6) plan shall contain assurances that— - (A) the [State](/usc/20/7171.md?p=b-6) will make public any methods or criteria the [State](/usc/20/7171.md?p=b-6) is using to measure teacher, principal, or other [school leader](/usc/20/7801.md?p=44) effectiveness for the purpose of meeting the requirements described in [paragraph (1)(B)](#g-1-B); - (B) the [State educational agency](/usc/20/7801.md?p=49) will notify [local educational agencies](/usc/20/7801.md?p=30-A), [Indian](/usc/20/7491.md?p=3) tribes and tribal organizations, schools, teachers, [parents](/usc/20/7801.md?p=38), and the public of the challenging [State](/usc/20/7171.md?p=b-6) academic standards, academic assessments, and [State](/usc/20/7171.md?p=b-6) accountability system, developed under this section; - (C) the [State educational agency](/usc/20/7801.md?p=49) will assist each [local educational agency](/usc/20/7801.md?p=30-A) and school affected by the [State](/usc/20/7171.md?p=b-6) plan to meet the requirements of this part; - (D) the [State](/usc/20/7171.md?p=b-6) will participate in the biennial [State](/usc/20/7171.md?p=b-6) academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act ([20 U.S.C. 9622(b)(3)](/usc/20/9622.md?p=b-3)) if the [Secretary](/usc/20/7801.md?p=46) pays the costs of administering such assessments; - (E) the [State educational agency](/usc/20/7801.md?p=49) will modify or eliminate [State](/usc/20/7171.md?p=b-6) fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, [State](/usc/20/7171.md?p=b-6), and local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; - (F) the [State educational agency](/usc/20/7801.md?p=49) will support the collection and dissemination to [local educational agencies](/usc/20/7801.md?p=30-A) and schools of effective [parent](/usc/20/7801.md?p=38) and family engagement strategies, including those included in the [parent](/usc/20/7801.md?p=38) and family engagement policy under [section 6318 of this title](/usc/20/6318.md); - (G) the [State educational agency](/usc/20/7801.md?p=49) will provide the least restrictive and burdensome regulations for [local educational agencies](/usc/20/7801.md?p=30-A) and individual schools participating in a program assisted under this part; - (H) the [State educational agency](/usc/20/7801.md?p=49) will ensure that [local educational agencies](/usc/20/7801.md?p=30-A), in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations (such as [educational service agencies](/usc/20/7801.md?p=18)), or individuals, that have practical expertise in the development or use of [evidence-based](/usc/20/7801.md?p=21-A) strategies and programs to improve teaching, learning, and schools; - (I) the [State educational agency](/usc/20/7801.md?p=49) has appropriate procedures and safeguards in place to ensure the validity of the assessment process; - (J) the [State educational agency](/usc/20/7801.md?p=49) will ensure that all teachers and [paraprofessionals](/usc/20/7801.md?p=37) working in a program supported with funds under this part meet applicable [State](/usc/20/7171.md?p=b-6) certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; - (K) the [State educational agency](/usc/20/7801.md?p=49) will coordinate activities funded under this part with other Federal activities as appropriate; - (L) the [State educational agency](/usc/20/7801.md?p=49) has involved the committee of practitioners established under [section 6573(b) of this title](/usc/20/6573.md?p=b) in developing the plan and monitoring its implementation; - (M) the [State](/usc/20/7171.md?p=b-6) has professional standards for [paraprofessionals](/usc/20/7801.md?p=37) working in a program supported with funds under this part, including qualifications that were in place on the day before December 10, 2015; and - (N) the [State educational agency](/usc/20/7801.md?p=49) will provide the information described in clauses [(ii)](#h-1-C-ii), [(iii)](#h-1-C-iii), and [(vii)](#h-1-C-vii) of subsection (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which— - (i) may be accomplished by including such information on the annual [State](/usc/20/7171.md?p=b-6) report card described [subsection (h)(1)(C)](#h-1-C); and - (ii) shall be presented in a manner that— - (I) is first anonymized and does not reveal personally identifiable information about an individual student; - (II) does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and - (III) is consistent with the requirements of [section 1232g of this title](/usc/20/1232g.md) (commonly known as the “Family Educational Rights and Privacy Act of 1974”). - (3) **Rules of construction—** Nothing in [paragraph (2)(N)](#g-2-N) shall be construed to— - (A) require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered subgroups of students, as defined in [subsection (c)(2)](#c-2), for the purposes of the [State](/usc/20/7171.md?p=b-6) accountability system under [subsection (c)](#c); or - (B) require or prohibit [States](/usc/20/7171.md?p=b-6) or [local educational agencies](/usc/20/7801.md?p=30-A) from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of [paragraph (2)(N)](#g-2-N). - (4) **Technical assistance—** Upon request by a [State educational agency](/usc/20/7801.md?p=49), the [Secretary](/usc/20/7801.md?p=46) shall provide technical assistance to such agency to— - (A) meet the requirements of [paragraph (2)(N)](#g-2-N); or - (B) in the case of a [State educational agency](/usc/20/7801.md?p=49) choosing, at its sole discretion, to disaggregate data described in clauses [(ii)](#h-1-C-ii) and [(iii)(II)](#h-1-C-iii-II) of subsection (h)(1)(C) for Asian and [Native Hawaiian](/usc/20/7517.md?p=2) or Pacific Islander students using the same race response categories as the decennial census of the population, assist such [State educational agency](/usc/20/7801.md?p=49) in such disaggregation and in using such data to improve academic outcomes for such students. - (h) **Reports—** - (1) **Annual State report card—** - (A) **In general—** A [State](/usc/20/7171.md?p=b-6) that receives assistance under this part shall prepare and disseminate widely to the public an annual [State](/usc/20/7171.md?p=b-6) report card for the [State](/usc/20/7171.md?p=b-6) as a whole that meets the requirements of this paragraph. - (B) **Implementation—** The [State](/usc/20/7171.md?p=b-6) report card required under this paragraph shall be— - (i) concise; - (ii) presented in an understandable and uniform format that is developed in consultation with [parents](/usc/20/7801.md?p=38) and, to the extent practicable, in a language that [parents](/usc/20/7801.md?p=38) can understand; and - (iii) widely accessible to the public, which shall include making available on a single webpage of the [State educational agency](/usc/20/7801.md?p=49)’s website, the [State](/usc/20/7171.md?p=b-6) report card, all [local educational agency](/usc/20/7801.md?p=30-A) report cards for each [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6) required under [paragraph (2)](#h-2), and the annual report to the [Secretary](/usc/20/7801.md?p=46) under [paragraph (5)](#h-5). - (C) **Minimum requirements—** Each [State](/usc/20/7171.md?p=b-6) report card required under this subsection shall include the following information: - (i) A clear and concise description of the [State](/usc/20/7171.md?p=b-6)’s accountability system under [subsection (c)](#c), including— - (I) the minimum number of students that the [State](/usc/20/7171.md?p=b-6) determines are necessary to be included in each of the subgroups of students, as defined in [subsection (c)(2)](#c-2), for use in the accountability system; - (II) the long-term goals and measurements of interim progress for all students and for each of the subgroups of students, as defined in [subsection (c)(2)](#c-2); - (III) the indicators described in [subsection (c)(4)(B)](#c-4-B) used to meaningfully differentiate all public schools in the [State](/usc/20/7171.md?p=b-6); - (IV) the [State](/usc/20/7171.md?p=b-6)’s system for meaningfully differentiating all public schools in the [State](/usc/20/7171.md?p=b-6), including— - (aa) the specific weight of the indicators described in [subsection (c)(4)(B)](#c-4-B) in such differentiation; - (bb) the methodology by which the [State](/usc/20/7171.md?p=b-6) differentiates all such schools; - (cc) the methodology by which the [State](/usc/20/7171.md?p=b-6) differentiates a school as consistently underperforming for any subgroup of students described in section (c)(4)(C)(iii), including the time period used by the [State](/usc/20/7171.md?p=b-6) to determine consistent underperformance; and - (dd) the methodology by which the [State](/usc/20/7171.md?p=b-6) identifies a school for comprehensive support and improvement as required under [subsection (c)(4)(D)(i)](#c-4-D-i); - (V) the number and names of all public schools in the [State](/usc/20/7171.md?p=b-6) identified by the [State](/usc/20/7171.md?p=b-6) for comprehensive support and improvement under [subsection (c)(4)(D)(i)](#c-4-D-i) or implementing targeted support and improvement plans under [subsection (d)(2)](#d-2); and - (VI) the exit criteria established by the [State](/usc/20/7171.md?p=b-6) as required under [clause (i)](#d-3-A-i) of subsection (d)(3)(A), including the length of years established under [clause (i)(II)](#h-1-C-i-II) of such subsection. - (ii) For all students and disaggregated by each subgroup of students described in [subsection (b)(2)(B)(xi)](#b-2-B-xi), homeless status, status as a [child](/usc/20/7801.md?p=3) in foster care, and status as a student with a [parent](/usc/20/7801.md?p=38) who is a member of the Armed Forces (as defined in [section 101(a)(4) of title 10](/usc/10/101.md?p=a-4)), information on student achievement on the academic assessments described in [subsection (b)(2)](#b-2) at each level of achievement, as determined by the [State](/usc/20/7171.md?p=b-6) under [subsection (b)(1)](#b-1). - (iii) For all students and disaggregated by each of the subgroups of students, as defined in [subsection (c)(2)](#c-2), and for purposes of subclause (II) of this clause, homeless status and status as a [child](/usc/20/7801.md?p=3) in foster care— - (I) information on the performance on the other academic indicator under [subsection (c)(4)(B)(ii)](#c-4-B-ii) for public [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45) that are not [high schools](/usc/20/7801.md?p=28), used by the [State](/usc/20/7171.md?p=b-6) in the [State](/usc/20/7171.md?p=b-6) accountability system; and - (II) [high school](/usc/20/7801.md?p=28) graduation rates, including [four-year adjusted cohort graduation rates](/usc/20/7801.md?p=25-A) and, at the [State](/usc/20/7171.md?p=b-6)’s discretion, [extended-year adjusted cohort graduation rates](/usc/20/7801.md?p=23-A). - (iv) Information on the number and percentage of [English learners](/usc/20/7801.md?p=20) achieving English language proficiency. - (v) For all students and disaggregated by each of the subgroups of students, as defined in [subsection (c)(2)](#c-2), information on the performance on the other indicator or indicators of school quality or student success under [subsection (c)(4)(B)(v)](#c-4-B-v) used by the [State](/usc/20/7171.md?p=b-6) in the [State](/usc/20/7171.md?p=b-6) accountability system. - (vi) Information on the progress of all students and each subgroup of students, as defined in [subsection (c)(2)](#c-2), toward meeting the [State](/usc/20/7171.md?p=b-6)-designed long term goals under [subsection (c)(4)(A)](#c-4-A), including the progress of all students and each such subgroup of students against the [State](/usc/20/7171.md?p=b-6) measurements of interim progress established under such subsection. - (vii) For all students and disaggregated by each subgroup of students described in [subsection (b)(2)(B)(xi)](#b-2-B-xi), the percentage of students assessed and not assessed. - (viii) Information submitted by the [State educational agency](/usc/20/7801.md?p=49) and each [local educational agency](/usc/20/7801.md?p=30-A) in the [State](/usc/20/7171.md?p=b-6), in accordance with data collection conducted pursuant to [section 3413(c)(1) of this title](/usc/20/3413.md?p=c-1), on— - (I) measures of school quality, climate, and safety, including rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), incidences of violence, including bullying and harassment; and - (II) the number and percentage of students enrolled in— - (aa) preschool programs; and - (bb) accelerated coursework to earn postsecondary credit while still in [high school](/usc/20/7801.md?p=28), such as Advanced Placement and International Baccalaureate courses and examinations, and [dual or concurrent enrollment programs](/usc/20/7801.md?p=15). - (ix) The professional qualifications of teachers in the [State](/usc/20/7171.md?p=b-6), including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools) on the number and percentage of— - (I) inexperienced teachers, principals, and other [school leaders](/usc/20/7801.md?p=44); - (II) teachers teaching with emergency or provisional credentials; and - (III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed. - (x) The per-pupil expenditures of Federal, [State](/usc/20/7171.md?p=b-6), and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, [State](/usc/20/7171.md?p=b-6), and local funds, disaggregated by source of funds, for each [local educational agency](/usc/20/7801.md?p=30-A) and each school in the [State](/usc/20/7171.md?p=b-6) for the preceding fiscal year. - (xi) The number and percentages of students with the most significant cognitive disabilities who take an alternate assessment under [subsection (b)(2)(D)](#b-2-D), by grade and subject. - (xii) Results on the [State](/usc/20/7171.md?p=b-6) academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act ([20 U.S.C. 9622(b)(3)](/usc/20/9622.md?p=b-3)), compared to the national average of such results. - (xiii) Where available, for each [high school](/usc/20/7801.md?p=28) in the [State](/usc/20/7171.md?p=b-6), and beginning with the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of students defined in [subsection (c)(2)](#c-2)), at which students who graduate from the [high school](/usc/20/7801.md?p=28) enroll, for the first academic year that begins after the students’ graduation— - (I) in programs of public postsecondary education in the [State](/usc/20/7171.md?p=b-6); and - (II) if data are available and to the extent practicable, in programs of private postsecondary education in the [State](/usc/20/7171.md?p=b-6) or programs of postsecondary education outside the [State](/usc/20/7171.md?p=b-6). - (xiv) Any additional information that the [State](/usc/20/7171.md?p=b-6) believes will best provide [parents](/usc/20/7801.md?p=38), students, and other members of the public with information regarding the progress of each of the [State](/usc/20/7171.md?p=b-6)’s public [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45), which may include the number and percentage of students meeting [State](/usc/20/7171.md?p=b-6) determined levels of performance for core indicators, as defined by [section 113(b)(3)(A)](/usc/20/113.md) of the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2323(b)(3)(A)](/usc/20/2323.md?p=b-3-A)), and reported by [States](/usc/20/7171.md?p=b-6) only in a manner consistent with [section 113(b)(3)(C)](/usc/20/113.md) of such Act ([20 U.S.C. 2323(b)(3)(C)](/usc/20/2323.md?p=b-3-C)). - (D) **Rules of construction—** Nothing in [subparagraph (C)(viii)](#h-1-C-viii) shall be construed as requiring— - (i) reporting of any data that are not collected in accordance with [section 3413(c)(1) of this title](/usc/20/3413.md?p=c-1); or - (ii) disaggregation of any data other than as required under [subsection (b)(2)(B)(xi)](#b-2-B-xi). - (2) **Annual local educational agency report cards—** - (A) **Preparation and dissemination—** A [local educational agency](/usc/20/7801.md?p=30-A) that receives assistance under this part shall prepare and disseminate an annual [local educational agency](/usc/20/7801.md?p=30-A) report card that includes information on such agency as a whole and each school served by the agency. - (B) **Implementation—** Each [local educational agency](/usc/20/7801.md?p=30-A) report card shall be— - (i) concise; - (ii) presented in an understandable and uniform format, and to the extent practicable, in a language that [parents](/usc/20/7801.md?p=38) can understand; and - (iii) accessible to the public, which shall include— - (I) placing such report card on the website of the [local educational agency](/usc/20/7801.md?p=30-A); and - (II) in any case in which a [local educational agency](/usc/20/7801.md?p=30-A) does not operate a website, providing the information to the public in another manner determined by the [local educational agency](/usc/20/7801.md?p=30-A). - (C) **Minimum requirements—** The [State educational agency](/usc/20/7801.md?p=49) shall ensure that each [local educational agency](/usc/20/7801.md?p=30-A) collects appropriate data and includes in the [local educational agency](/usc/20/7801.md?p=30-A)’s annual report the information described in [paragraph (1)(C)](#h-1-C), disaggregated in the same manner as required under such paragraph, except for [clause (xii)](#h-1-C-xii) of such paragraph, as applied to the [local educational agency](/usc/20/7801.md?p=30-A) and each school served by the [local educational agency](/usc/20/7801.md?p=30-A), including— - (i) in the case of a [local educational agency](/usc/20/7801.md?p=30-A), information that shows how students served by the [local educational agency](/usc/20/7801.md?p=30-A) achieved on the academic assessments described in [subsection (b)(2)](#b-2) compared to students in the [State](/usc/20/7171.md?p=b-6) as a whole; - (ii) in the case of a school, information that shows how the school’s students’ achievement on the academic assessments described in [subsection (b)(2)](#b-2) compared to students served by the [local educational agency](/usc/20/7801.md?p=30-A) and the [State](/usc/20/7171.md?p=b-6) as a whole; and - (iii) any other information that the [local educational agency](/usc/20/7801.md?p=30-A) determines is appropriate and will best provide [parents](/usc/20/7801.md?p=38), students, and other members of the public with information regarding the progress of each public school served by the [local educational agency](/usc/20/7801.md?p=30-A), whether or not such information is included in the annual [State](/usc/20/7171.md?p=b-6) report card. - (D) **Additional information—** In the case of a [local educational agency](/usc/20/7801.md?p=30-A) that issues a report card for all students, the [local educational agency](/usc/20/7801.md?p=30-A) may include the information under this section as part of such report. - (3) **Preexisting report cards—** A [State educational agency](/usc/20/7801.md?p=49) or [local educational agency](/usc/20/7801.md?p=30-A) may use public report cards on the performance of students, schools, [local educational agencies](/usc/20/7801.md?p=30-A), or the [State](/usc/20/7171.md?p=b-6), that were in effect prior to December 10, 2015, for the purpose of this subsection, so long as any such report card is modified, as may be needed, to contain the information required by this subsection, and protects the privacy of individual students. - (4) **Cost reduction—** Each [State educational agency](/usc/20/7801.md?p=49) and [local educational agency](/usc/20/7801.md?p=30-A) receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. - (5) **Annual State report to the Secretary—** Each [State educational agency](/usc/20/7801.md?p=49) receiving assistance under this part shall report annually to the [Secretary](/usc/20/7801.md?p=46), and make widely available within the [State](/usc/20/7171.md?p=b-6)— - (A) information on the achievement of students on the academic assessments required by [subsection (b)(2)](#b-2), including the disaggregated results for the subgroups of students as defined in [subsection (c)(2)](#c-2); - (B) information on the acquisition of English proficiency by [English learners](/usc/20/7801.md?p=20); - (C) the number and names of each public school in the [State](/usc/20/7171.md?p=b-6)— - (i) identified for comprehensive support and improvement under [subsection (c)(4)(D)(i)](#c-4-D-i); and - (ii) implementing targeted support and improvement plans under [subsection (d)(2)](#d-2); and - (D) information on the professional qualifications of teachers in the [State](/usc/20/7171.md?p=b-6), including information on the number and the percentage of the following teachers: - (i) Inexperienced teachers. - (ii) Teachers teaching with emergency or provisional credentials. - (iii) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. - (6) **Report to Congress—** The [Secretary](/usc/20/7801.md?p=46) shall transmit annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that provides national and [State](/usc/20/7171.md?p=b-6)-level data on the information collected under [paragraph (5)](#h-5). Such report shall be submitted through electronic means only. - (i) **Privacy—** - (1) **In general—** Information collected or disseminated under this section (including any information collected for or included in the reports described in [subsection (h)](#h)) shall be collected and disseminated in a manner that protects the privacy of individuals consistent with [section 1232g of this title](/usc/20/1232g.md) (commonly known as the “Family Educational Rights and Privacy Act of 1974”) and this chapter. - (2) **Sufficiency—** The reports described in [subsection (h)](#h) shall only include data that are sufficient to yield statistically reliable information. - (3) **Disaggregation—** Disaggregation under this section shall not be required if such disaggregation will reveal personally identifiable information about any student, teacher, principal, or other [school leader](/usc/20/7801.md?p=44), or will provide data that are insufficient to yield statistically reliable information. - (j) **Voluntary partnerships—** A [State](/usc/20/7171.md?p=b-6) retains the right to enter into a voluntary partnership with another [State](/usc/20/7171.md?p=b-6) to develop and implement the challenging [State](/usc/20/7171.md?p=b-6) academic standards and assessments required under this section, except that the [Secretary](/usc/20/7801.md?p=46) shall not attempt to influence, incentivize, or coerce [State](/usc/20/7171.md?p=b-6)— - (1) adoption of the Common Core [State](/usc/20/7171.md?p=b-6) Standards developed under the Common Core [State](/usc/20/7171.md?p=b-6) Standards Initiative or any other academic standards common to a significant number of [States](/usc/20/7171.md?p=b-6), or assessments tied to such standards; or - (2) participation in such partnerships. - (k) **Special rule with respect to Bureau-funded schools—** In determining the assessments to be used by each school operated or funded by the Bureau of [Indian](/usc/20/7491.md?p=3) Education receiving funds under this part, the following shall apply until the requirements of [section 7824(c) of this title](/usc/20/7824.md?p=c) have been met: - (1) Each such school that is accredited by the [State](/usc/20/7171.md?p=b-6) in which it is operating shall use the assessments and other academic indicators the [State](/usc/20/7171.md?p=b-6) has developed and implemented to meet the requirements of this section, or such other appropriate assessment and academic indicators as approved by the [Secretary](/usc/20/7801.md?p=46) of the Interior. - (2) Each such school that is accredited by a regional accrediting organization (in consultation with and with the approval of the [Secretary](/usc/20/7801.md?p=46) of the Interior, and consistent with assessments and academic indicators adopted by other schools in the same [State](/usc/20/7171.md?p=b-6) or region) shall adopt an appropriate assessment and other academic indicators that meet the requirements of this section. - (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment and other academic indicators developed by such agency or division, except that the [Secretary](/usc/20/7801.md?p=46) of the Interior shall ensure that such assessment and academic indicators meet the requirements of this section. - (l) **Construction—** Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. ## Footnotes [^1]: So in original. Probably should be “(29 U.S.C. 701 et seq.),”. [^2]: So in original. Probably should be “9857 et seq.),”. [^3]: So in original. Probably should be “Educational”. [^4]: So in original. No subsec. (c)(4)(B)(vi) has been enacted. [^5]: So in original. Probably should be “(20 U.S.C. 1412(a)(16)(C))”. [^6]: So in original. Designations (III) to (VIII) probably should be (aa) to (ff), respectively. [^7]: So in original. The word “of” probably should not appear. ## Source credit (Pub. L. 89–10, title I, § 1111, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1444; amended Pub. L. 107–279, title IV, § 404(d)(1), Nov. 5, 2002, 116 Stat. 1985; Pub. L. 108–446, title III, § 305(g)(1), Dec. 3, 2004, 118 Stat. 2805; Pub. L. 109–270, § 2(f)(1), Aug. 12, 2006, 120 Stat. 747; Pub. L. 114–95, title I, § 1005, Dec. 10, 2015, 129 Stat. 1820; Pub. L. 115–224, title III, § 302(1), July 31, 2018, 132 Stat. 1623; Pub. L. 116–92, div. A, title V, § 579, Dec. 20, 2019, 133 Stat. 1407.) ## Notes ### Editorial Notes ### References in Text The Individuals with Disabilities Education Act, referred to in subsecs. (a)(1)(B) and (b)(1)(E)(i)(II), (2)(B)(vii)(II), (D)(i)(III), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a)(1)(B), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(1)(B), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of this title and Tables. The Workforce Innovation and Opportunity Act, referred to in subsec. (a)(1)(B), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of this title, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. The Head Start Act, referred to in subsec. (a)(1)(B), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. The Child Care and Development Block Grant Act of 1990, referred to in subsec. (a)(1)(B), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, as added by Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables. The Education Sciences Reform Act of 2002, referred to in subsec. (a)(1)(B), is title I of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1941, which is classified generally to subchapter I (§ 9501 et seq.) of chapter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9501 of this title and Tables. The Educational Technical Assistance Act of 2002, referred to in subsec. (a)(1)(B), is title II of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1975, which is classified generally to subchapter II (§ 9601 et seq.) of chapter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9501 of this title and Tables. The National Assessment of Educational Progress Authorization Act, referred to in subsec. (a)(1)(B), is title III of Pub. L. 107–279, Nov. 5, 2002, 116 Stat. 1982, which is classified generally to subchapter III (§ 9621 et seq.) of chapter 76 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9501 of this title and Tables. The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(1)(B), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482, which is classified principally to chapter 119 (§ 11301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of Title 42 and Tables. The Adult Education and Family Literacy Act, referred to in subsec. (a)(1)(B), is title II of Pub. L. 113–128, July 22, 2014, 128 Stat. 1608, which is classified generally to subchapter II (§ 3271 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. Public Law 93–112, referred to in subsec. (b)(1)(E)(i)(V), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, known as the Rehabilitation Act of 1973, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. July 22, 2014, refers to the date of enactment of title IV (§ 401 et seq.) of Pub. L. 113–128, 128 Stat. 1631, which amended numerous sections in the Act. For complete classification of Pub. L. 93–112 to the Code, see Short Title note set out under section 701 of Title 29 and Tables. For complete classification of title IV of Pub. L. 113–128 to the Code, see Tables. The Social Security Act, referred to in subsec. (g)(1)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts B and E of title IV of the Act are classified generally to parts B (§ 620 et seq.) and E (§ 670 et seq.), respectively, of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. ### Prior Provisions A prior section 6311, Pub. L. 89–10, title I, § 1111, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3523; amended Pub. L. 104–134, title I, § 101(d) [title VII, § 703(b)(1)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–254; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; Pub. L. 106–554, § 1(a)(4) [div. B, title XVI, § 1603], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, related to State plans, prior to the general amendment of this subchapter by Pub. L. 107–110. A prior section 1111 of Pub. L. 89–10 was classified to section 2768 of this title, prior to the general amendment of Pub. L. 89–10 by Pub. L. 103–382. ### Amendments 2019—Subsec. (h)(1)(C)(ii). Pub. L. 116–92 struck out “on active duty (as defined in section 101(d)(5) of such title)” after “section 101(a)(4) of title 10)”. 2018—Subsec. (h)(1)(C)(xiv). Pub. L. 115–224 substituted “meeting State determined levels of performance for core indicators, as defined by section 113(b)(3)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)(3)(A)), and reported by States only in a manner consistent with section 113(b)(3)(C) of such Act (20 U.S.C. 2323(b)(3)(C))” for “attaining career and technical proficiencies (as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323(b)) and reported by States only in a manner consistent with section 113(c) of such Act (20 U.S.C. 2323(c))”. 2015—Pub. L. 114–95 amended section generally. Prior to amendment, section related to State plan to adopt challenging academic standards to be applied to all schools and children in the State and penalties for failure to meet deadlines enacted in 1994 and 2001. 2006—Subsec. (a)(1). Pub. L. 109–270 substituted “Carl D. Perkins Career and Technical Education Act of 2006” for “Carl D. Perkins Vocational and Technical Education Act of 1998”. 2004—Subsec. (b)(2)(I)(ii). Pub. L. 108–446 substituted “section 612(a)(16)(A)” for “section 612(a)(17)(A)”. 2002—Subsec. (c)(2). Pub. L. 107–279 substituted “section 9622(b)(2) of this title” for “section 9010(b)(2) of this title”. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2018 Amendment Amendment by Pub. L. 115–224 effective July 1, 2019, see section 4 of Pub. L. 115–224, set out as a note under section 2301 of this title. ### Effective Date of 2015 Amendment Amendment by Pub. L. 114–95 effective Dec. 10, 2015, with separate effective dates for subsecs. (b)(2), (c), and (d) and with special rules for implementation of interventions at certain schools and local educational agencies, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.